Get your career across the line
International
Vietnam | Corporate
4 – 6 years

This role involves a mix of public and private M&A, joint ventures,
private equity and securities offerings from complex transactions
to smaller deals providing greater responsibility. You will deal
directly with multi-national corporations and financial institutions
assisting on structuring, documenting, negotiating, licensing
and post-licensing aspects of projects. You will be expected to
mentor and supervise junior lawyers on relevant matters. Top or
highly regarded mid tier background. Ref: VTM/4471/RL

Bangkok | M&A/Private Equity
Mid Level

Jakarta | Corporate M&A

Junior Partner or Senior Associate

Rare opportunity to work on cross border deals from the
Bangkok office of this international firm. You will have at
least 3 years of relevant experience gained from a top tier or
similar quality law firm. You will act for clients within a range
of sectors on private and public company acquisitions and
JVs. You need to be Commonwealth qualified but Thai
language ability is not necessary. Ref: BAN/4452/RL

A leadership opportunity is available for an M&A practitioner
interested in relocating to one of the top performing
economies in the world and the largest economy in SE Asia.
To be successful you will need a broad M&A background,
strong technical drafting expertise and the ability to take the
lead on complex negotiations and transactions. Industry
sectors include natural resources, oil and gas, mining, water
and power. Ref: JAK/4474/RL

Sydney | Commercial / IT

Sydney | Competition/Marketing

Sydney | Corporate/Commercial

This highly regarded blue chip corporation is on a lookout for
a savvy commercial/IT lawyer. You will be providing a mix of
general commercial and specialised IT advice across a range
of customer focused businesses. At least 5 years commercial
and IT experience gained at a top tier or recognised
industry player, a high degree of commerciality and
excellent communication skills are essential. SYD/4428/OH

Exciting new opportunity with a focus on handling consumer
law and marketing issues within this listed technology
business. Varied work includes contracts, marketing &
advertising advice, dispute resolution, Competition/TPA
and regulatory advice. You will have around 4–6 yrs pae in
Commercial Law and Competition/TPA or Marketing Law,
preferably with IT, IP or Telco experience at a major law firm
or in-house. Ref: SYD/4477/DS

This highly recognised global corporate has a new role
for a senior commercial lawyer to join their team. There
is a broad range of work on offer including corporate
advice, company secretarial, commercial contracts,
TPA etc. You will be working as part of a cohesive team
with plenty of support and close business alignment.
SYD/4469/DS

In-house
5 – 9 years

4 – 6 years

7 to 10 years

Private Practice
Melbourne | Insurance

Sydney | Corporate/Commercial

Sydney | Employment

3 years +

4 – 7 years

2 – 4 years

Excellent opportunity for an experienced insurance lawyer
to join this national mid tier firm. The firm has an excellent
reputation and is known for their quality service offering.
They are seeking a lawyer with at least 3 years experience
to work across a range of professional indemnity, medical
negligence, public and product liability with first class Partners
in a down to earth team. Strong academic background and
interpersonal skills are essential. MEL/4146/AM

This well respected national mid tier firm seeks an experienced
lawyer to join their collegiate and supportive team. You will
possess excellent drafting skills and have previous experience
working on shareholders’ documents, sales and purchases,
joint ventures and commercial contracts. You must have full
knowledge of the Corporations Act and have the ability to assist
with the business development of the practice and mentor
junior lawyers. SYD/4426/GG

Excellent opportunity for an employment lawyer to join
this top tier firm and work with leaders in the field. You
will work on a diverse range of contentious and noncontentious matters including industrial/employment
disputes, drafting a variety of employment agreements,
and advising on equal opportunity and OH&S matters
for blue chip clients. Clients include corporates from a
range of industry sectors SYD/4022/AM

Brisbane | Construction

Sydney | Commercial Litigation

Perth | Property

3 – 6 years

2 – 4 years

Senior Associate

This premier Queensland firm is seeking an experienced
construction lawyer to work on primarily front end matters.
You will have previous experience working on either front or
back end from a renowned construction practice. Working
with this friendly, down to earth and collegiate team. You
must have excellent interpersonal and technical skills and
solid academics. Great opportunity and genuine career
progression. BRI/4107/GG

This very strong firm, with an outstanding reputation,
has an opening for a talented and energetic litigator.
You will have first class experience working on a
range of contentious matters. Offering exposure to
a high calibre client base, you will gain top class
experience. Excellent opportunity to work with
leading partners and be part of a growing practice.
SYD/4473/GG

Excellent opportunity for an experienced property lawyer
to join this top tier firm. Work with two first rate partners
across a range of commercial property matters including
various land transactions, large scale developments
complex leasing work and property trusts. You will work with
some of the firm’s most key property clients and hands on
mentorship from Partners and senior lawyers together with
real opportunities for career advancement. PER/4159/AM

Sydney | TMT lawyer

Sydney | Banking & Finance

Perth | Energy & Resources

Senior Associate

2 – 5 years

Senior Associate

This international firm are currently seeking and experienced
Technology and Communications lawyer. You will work
on major IT outsourcing, software development, systems
acquisition and integration, licensing, distribution, agency
and teaming agreements or regulatory advice, network/ IT
infrastructure projects, product development and customer
terms as well as telecommunications-related M&A matters.
SYD/4344/AM

A new role has arisen in our client’s fast growing b&f team.
This is a great opportunity to work amongst market leaders
within a supportive team environment. Teamwork is the key
to succeeding in this amongst this collegiate Group. The
successful candidate will have at least two years experience
advising on project or infrastructure finance, takeover/
acquisition financing or large syndicated loan transactions.
Strong academics essential. SYD/4376/OH

An exciting opportunity has arisen for a talented energy
and resources lawyer to join this premier national practice.
Previous experience working on high level acquisitions and
disposals, regulatory approvals, due diligence, joint ventures,
contracting and procurements and projects is essential. High
calibre client base primarily in the oil and gas industries makes
the work both challenging and interesting. You will have
previous experience mentoring junior lawyers. PER/4415/GG

For a full list of active roles that Dolman is working on
throughout the worldwide visit www.dolman.com.au
For further information please contact one of our consultants for a confidential discussion:
Daniel Stirling, Alex McIntyre, Olivia Harvey, Gail Greener and Ralph Laughton.
Sydney (02) 9231 3022 Melbourne (03) 8637 7317 or email dolman@dolman.com.au

IN-DEPTH: The NSW Women Lawyers
Association Achievement Awards 2011
celebrated the best of the profession,
but the fight for equality continues.
Justin Whealing reports

Features

THIS WEEK: A round-up of the latest legal news

12
14

16
24
26

IN-DEPTH: Social media and non-lawyers are
becoming an increasingly important part of the legal
profession, something that law firms are still coming
to grips with. Justin Whealing reports
PRACTICE PROFILE: With more and more
information being catapulted into cyberspace and
fast-improving technologies, intellectual property
law is an increasingly dynamic and busy field.
Stephanie Quine asks IP lawyers how they keep up
OPINION: He might not look or behave in a lawyerlylike manner, write Louise Woodbury and William de
Ora, but Richard Branson can teach lawyers a thing
or two about how to build a client base
MY NEXT MOVE: I have been advised that an
interstate move can advance my career. How does
this work?

18

COVER STORY: New Zealand is most
associated with the All Blacks, its
beautiful scenery as depicted in Lord
of the Rings and more recently, the
response to the devastating
earthquake in Christchurch.
Darise Bennington reports that its
people and its law firms remain
optimistic about the future

Our Perth team, backed by the full
resources and strength of Minter Ellison’s
extensive network, will ensure our clients
in Western Australia have access to the
technical excellence, innovation and
industry knowledge that are our hallmarks.

Have your say
Do you have something
you’d like to share?
Send an email to
editor@lawyersweekly.com.au
or phone (02) 9422 2875.
Alternatively, go to
www.lawyersweekly.com.au
and make a comment online.

4

L AW Y E R S W E E K LY 3 0 S E P T E M B E R 2 0 11

LAST WEEK I had the pleasure of attending two distinct legal events.
The first, the Janders Dean Law Firm Knowledge and Innovation
Conference, showcased the rising influence and importance of
knowledge managers and legal support staff within private practice
(see page 12).
Pete Williams, the CEO of Deloitte Digital, took aim at the
conservative nature of law firms and said that firms that don’t
embrace social media will become irrelevant.
“Your customers, staff and potential graduates all use it,” he said.
“The problem I see most of the time is from the attitude of leadership
and management to its usage.”
Even relatively forward thinking senior members of the profession,
such as Baker & McKenzie managing partner Chris Freeland, remain
reticent to embrace social technology under the current law firm
model, where clients, particularly at the high-end often choose firms
that are judicious with their means of communication.
That attitude will change over time. The modern business
catchcry of “innovation” means that it will be hypocritical for law
firms or any business organisation to claim on the one hand that they
are “innovative” and “modern”, while still sticking with traditional
forms of communication and imposing strict rules on the types of
social media that can be accessed by staff.
While the use of social media is a relatively new fight, the
struggle for women to receive appropriate recognition in the
profession is ongoing.
Last Friday I attended the Women Lawyers Association of NSW
Achievement Awards 2011 Gala Dinner (see page 10).
Why are there masses of female judicial officers at the lower
levels of the judiciary, but not at the highest level? And why is there
still a relative paucity of female law firm partners when compared to
their male colleagues? These were just some of the questions put
forward by Justice Margaret Beazley in her address last Friday.
Despite the enormous amount of advocacy from within the
profession, the upper echelon of the legal sector remains one of the
most inherently conservative and risk-averse professions within the
Australian economy.
As Williams noted the day before, “not everything has to be a big
risk”.
It is time the profession reflected the attitudes and diversity of its
members through its senior leadership and the way it interacts with
members of the public.
TOP 10 STORIES ONLINE THIS WEEK
1 Don’t be afraid of social media
2 Blake Dawson launches new practice
3 A&O and Allens toast Foster’s deal
4 Mallesons lawyer rewarded for Friday night drinking
5 Minters and Clifford Chance act on billion dollar deal
6 Govt reacts like “spoilt brat”
7 Boomtown: Is all that glitters really gold for Perth firms?
8 The race for legal honours
9 The rise of the non-lawyers
10 Justice born of universal ethics
NEXT WEEK

Global financial markets have bared their fangs and the spectre
of another recession is once again being discussed. Lawyers
Weekly asks whether there will be a new round of insolvency
and restructuring work associated with the current levels of
financial instability and whether there is still any restructuring or
insolvency work kicking around from the last GFC.

EDITORIAL BOARD
Lawyers Weekly is delighted to have the following
industry leaders on its editorial board
Andrew
Grech
Managing
director, Slater
& Gordon

Now is the perfect time to position your career in the Australian market. The Australian economy remains strong and firms are continuing to grow. In this rapidly
changing legal landscape it is advisable to take stock of where your career is heading and to make sure you are on track for the right career within a firm that offers the
right prospects and culture (for you), in a location within Australia that which matches your personal as well as professional goals. We have one of the most senior legal
recruitment teams and offer you professional advice in making a local or interstate move.
For a confidential discussion about your current options in Australia please contact one of our consultants:

AG attacks
“complex”
anti-discrimination laws
A public
discussion paper
to seek community views on the
consolidation of federal antidiscrimination laws was launched
on 22 September.
According to Attorney-General
Robert McClelland, the five pieces
of legislation which support the
government’s anti-discrimination
policy - the Racial Discrimination
Act, the Sex Discrimination Act, the
Disability Discrimination Act, the
Age Discrimination Act and the
Australian Human Rights
Commission Act - are “inconsistent
and unnecessarily complex”.
Submissions on the discussion
paper can be made until 1
February 2012.
Drink-driving
judge escapes
jail term
Retired New
South Wales
judge Roderick
Howie has been sentenced to 100
hours of community service and
received a six-month licence
suspension for mid-range
drink-driving.
Magistrate Daniel Reiss noted
how “painfully ironic” it was to
sentence the retired judge for
drink-driving given Howie, as an
acting judge for the NSW Court of
Appeal, had written the guideline
judgement for high-range
drink-driving.
Charter review
not credible
The head of the
Law Institute of
Victoria (LIV) told
a forum on 20
September that the Scrutiny of Acts
and Regulation Committee (SARC)
report that rejected the argument
from the LIV that the Victorian
Human Rights Charter should be
expanded to include social and
economic rights was not credible.
“It does not reflect the
overwhelming support for the
Charter,” said LIV president
Caroline Counsel. “Of the almost
4000 submissions made to SARC,
95 per cent were in favour of
retaining it.”
Other speakers at the forum
included Ben Schokman, the
director of International Human
Rights Advocacy with the Human
Rights Law Centre, and Cath
Smith, the CEO of the Victorian
Council of Social Service.

6

L AW Y E R S W E E K LY 3 0 S E P T E M B E R 2 0 11

Ashurst gobbles up Blake Dawson
Blake Dawson will soon be known as Ashurst under
plans to merge the two firms by 2014.
Announced on 26 September following months
of speculation, Ashurst and Blakes will combine
their businesses in Asia and merge their operations
globally, under the Ashurst brand.
The merger announcement follows a positive
vote of both partnerships, which took place on 23
September.
The combining of the firms’ Asian practices
and the rebranding of Blake Dawson is planned
to take effect by March 2012, while the full
merger is conditional on a further vote of the
partnerships. According to a statement released
by Blake Dawson, the merger will be considered
in early 2014.
“There is great deal of synergy between Ashurst
and Blake Dawson in terms of practice area
expertise and growth strategy,” said Ashurst senior
partner, Charlie Geffen. “We are confident that the
initial combination will materially strengthen our
businesses in the Asia-Pacific region and also allow
us to create significant momentum in achieving
our goal of being among a small group of premier
global firms.”
Blake Dawson chairman Mary Padbury
[pictured] said combining the firm’s operations
with Ashurst will help deliver a “greatly expanded
international capability” and “exciting career
prospects” for Blake Dawson staff.
Ashurst’s Geoffrey Green, a partner of the firm
since 1979, has been appointed as chair of the

combined Asian business.
“Our firms have worked together successfully
in Asia for nearly 10 years,” said Green. “The
combination is a natural development of our
relationship, giving Ashurst scale and depth of
resource in Asia.”
Ashurst currently has 230 partners and 900
lawyers, bringing in A$462 million of revenue
in 2011.

R E W IND

Treasurer Wayne Swan, who received Euromoney magazine’s Finance Minister of the Year
award in Washington on Sunday, warned that economic problems in Europe and the United
States will affect Australia and the Asian region, making a return to surplus by 2012/13 harder.
Palestine looked to Australia for constitution insight as five deans from Palestinian law
schools toured Australian law faculties. AusAid funded 50 scholarships for Palestinian
postgraduate students to study at Australian universities with the aim of helping
Palestinians strengthen their new laws.
The Federal Government responded to the Australian Law Reform
Commission’s proposal to allow Australians to take civil legal action if
their privacy has been seriously invaded. Privacy Minister Brendan
O’Connor said it is vital that privacy laws keep pace with technological
changes but not at the expense of freedom of expression.
Finance Minister Penny Wong initiated an overhaul of pension
arrangements for federal judges to provide greater
financial security for the former partners of divorced
judges. The overhaul comes after a seven-year reform
campaign by Mary Barry, former wife of retired Family
Court judge James Barry.

Allens Arthur Robinson has helped
to negotiate an extra $400 million on
behalf of Foster’s in its proposed $9.9
billion sale to SABMiller.
Foster’s has accepted the $9.9
billion sale of its beer business, which
includes the iconic Australian brands
VB and Carlton Draught, after rejecting
a $9.5 billion bid in August.
By factoring Foster’s debt, the bid
values the brewer at around $12.3
billion.
Robert Pick, the firm’s capital
markets co-head, led the Allens team
advising Foster’s with senior partner
Ewen Crouch.
Allen & Overy acted for SABMiller.
The firm’s team was led by M&A
partners Aaron Kenavan and Michael
Parshall, with antitrust partner Dave
Poddar and banking partner Adam
Stapledon also advising.
Hogan Lovells also advised
SABMiller on global aspects of the
transaction.
The deal represents a coup for both
Allens and A&O, as they received the
nod to act on this transaction ahead
of other law firms that have had
extensive links with both companies.
“We have a long history with
Foster’s and were delighted to act for
them on this transaction,” said Pick.
He provided no comment about

whether Allens actively courted
Foster’s to trump Corrs Chambers
Westgarth, usually Foster’s law firm of
choice, in acting on this deal.
The chairman of Foster’s, David
Crawford, also sits on the advisory
board of Allens. Crawford described
the increased offer by SABMiller as
“compelling”.
The British-based SABMiller – which
has beers including Castle Lager,
Grolsch and Peroni in its portfolio – has
previously used Baker & McKenzie for
much of its international legal work.
London-based A&O partner Richard
Brown was a key figure in enabling his
firm to be involved in one of the largest
Australian M&A deals of the last few
years.
While the deal represents good
value to Foster’s shareholders in a
shrinking Australia beer market, some
politicians and union groups have
questioned the takeover, concerned
by possible job losses and the loss of
an Australian connection with brands
such as Cascade, VB and Foster’s.
The Foster’s stable also includes
international brands Asahi, Corona
and Stella Artois.
Foster’s is hoping that the
shareholder and court approvals
required to have this deal signed off
will be completed by Christmas.

Equity capital-raising of
minerals exploration and
development company.

Area

Banking and Finance

Property

Corporate

Value

$185 million

Undisclosed

$180 million

Key players

Allens’ Rod Howell

Ryan Lawyers’ Tony Ryan

Freehills’ Philippa Stone

Movers & Shakers

D e A L O F T He W e e K

Victoria picks
Champion as
new DPP
Senior counsel
John Champion
is Victoria’s new
director of public prosecutions
(DPP), following his stint as
acting DPP which began in June
this year. Appointed a senior
counsel in 2003, Champion has
practised as a barrister for more
than 33 years across all aspects
of criminal law.
Allens boosts
Brisbane
projects
practice
Allens Arthur
Robinson
appointed construction and
infrastructure specialist Adrian
Baron as a partner in the firm’s
Brisbane office. Baron will join
Allens next month after seven
years at construction contracting
business John Holland Group,
where he was general counsel
between 2004 and 2010.
Thynne &
Macartney
scores former
Sparkes man
Brisbane law
firm Thynne &
Macartney appointed former
Sparke Helmore practice
manager, Rod Groch, as general
manager. Groch was practice
manager and financial controller
at Sparkes in Newcastle from
1994 to 2000 and general
manager of Lander & Rogers in
Melbourne for four years.
Gilbert + Tobin
loses CIO
Gilbert + Tobin’s
chief
information
officer, Andrew
Mitchell, joined Lander & Rogers
as its director of technology and
innovation. Mitchell has over 20
years of IT-industry experience in
the legal, telecommunications,
consulting, consumer goods and
pharmaceutical sectors.

l aw y e r s w e e k ly 3 0 s e p t e m b e r 2 0 11

7

thisweek

blake Dawson
launches new
practice
Blake Dawson has launched an
employment law practice across
South-East Asia to be led by former
Freehills practice group leader
George Cooper.
Announced on 22 September,
Singapore-based Cooper will head the
firm’s new regional employment law
practice from mid-October.
Cooper joins Blakes from Freehills,
where he has led its workplace law and
advisory - Asia practice in Singapore
since 2007.
“We have offices in Singapore,
Jakarta, Shanghai, [Tokyo and Port
Moresby], but we don’t have specialists
in the [employment] field in that area,”
said the head of Blakes’ national
employment practice, Richard Bunting.
“We have quite a bit of work needing to
be done on instructions from Singapore
or relating to issues in the region, so we
will now be establishing a broad
employment law advisory practice in
the region, based in Singapore, with
George Cooper leading it.”
Bunting said the new practice will
initially entail Cooper as lead partner, a
senior associate and a solicitor. “There
will also be an integration and
cooperation with our employment law
specialists here in Australia and there
will be an integration with the other
players we have in the region,” he said.

8

l aw y e r s w e e k ly 3 0 s e p t e m b e r 2 0 11

Patent bill rejected
On 22 September a Senate Committee found that
a bill to ban the patenting of biological materials
should not be passed.
The private member’s bill, sponsored by
senators Bill Heffernan, Nick Xenophon, Rachel
Siewert and Helen Coonan, sought to ban the
patenting of all biological materials, including
genes, which are identical or substantially identical
to those found in nature.
The committee found that the bill did not
provide an effective solution to the problems
articulated by the wider community in terms of
access to healthcare.
Dr Tania Obranovich [pictured], a patent
partner at Davies Collison Cave and member of
the Institute of Patent and Trade Mark Attorneys
of Australia (IPTA), welcomed the Senate
Committee’s finding and said the bill’s proposals
did not correlate with the issues articulated by
the public, especially in relation to regulating the
abuse of monopolies.
“Banning the patenting of all biological material
isn’t going to change, in any way, access to method
patents like diagnostics ... If we don’t have patents
available in Australia when the rest of the world
does, there could be some very detrimental
consequences,” said Obranovich.

In their submissions to the Senate Inquiry, some
pharmaceutical companies said if they could not
patent in Australia, they would seek regulatory
approval for their products overseas. The companies
said they would then consider bringing it to Australia.
“This is really concerning,” said Obranovich. “It’s
not that investment would dry up - the investment
would just shift overseas. If there’s no patentable
protection available in Australia, but there continues
to be in Europe and the US, development will be
sent overseas and our researchers will go where
the development is, where the money is, where the
protection is.”

Govt reacting like a “spoilt brat”
The Government’s proposed migration legislation
is a “spoilt brat” reaction which fails to show true
leadership, according to the president of the
Australian Lawyers Alliance.
Tasmanian barrister and ALA president Greg
Barns said that Prime Minter Julia Gillard’s
reaction to the High Court decision and
subsequent attempts to amend the Migration Act
show dictatorial contempt for the courts and that
she is pandering to minority public opinion.
“The legislation is an undermining of the rule of
law and the right of the High Court,” Barns told
Lawyers Weekly. “It’s a spoilt brat reaction; a
reaction that says ‘we want to be able to lock the
courts out, we don’t want lawyers and judges
protecting the rights of the individual against an
overbearing executive, we want complete control
of migration policy in relation to asylum seekers’”.
On 19 September Gillard presented the Tony
Abbott led opposition with proposed amendments
to the Migration Act in attempt to overturn the
High Court ruling.
Her proposed legislation amended the public
interest test to a broader ‘’national interest’’ test
in a bid to save the Malaysia plan, empower the
government to return unaccompanied minors, and
include some human rights guarantees which
were not legally binding.
“This is a really good example of our so called
leaders pandering to a bunch of marginal seats in
Australia where they think it’s popular to play god

with the lives of refugees and asylum seekers,” said
Barns.
A Herald/Nielsen poll of 1400 people this month
revealed that more than half the population (54 per
cent) wants refugees arriving by boat to have their
asylum claims processed onshore.
Abbott declared the Coalition would only support
changes that allowed asylum seekers to be sent to
countries that had signed the United Nations
Convention on Refugees - this ruled out Malaysia
but kept in play the Coalition’s Pacific solution
policy of Nauru.
Stephen Keim SC, President of Australian
Lawyers for Human Rights (ALHR), said the
proposed amendments “represent the first time
Australia has been explicit in seeking to flout its
obligations to protect refugees through the passing
of new legislation”.

w w w.law yersweekly.com.au

thisweek

At a forum to discuss “universal ethics” and the law, the
former Chief Justice of the High Court of Australia reflected
on the ideals of a justice system. Stephanie Quine reports
At the Centre for Universal Ethics
and Society in Sydney last week,
the Honourable Murray Gleeson
AC and Rabbi Dr Shimon Cowen
discussed the relationship between
the administration of justice and
traditional universal ethics.
“These ethics ... have been endorsed
by the US Congress as the ‘bedrock of
society from the dawn of civilisation’
and similarly by former Australian
Governor-General Michael Jeffery, and
were already seen by the Renaissance
jurists Hugo Grotius and John Selden
as foundational for law,” said Cowen,
the son of former Governor-General
Sir Zelman Cowen and director of the
Institute for Judaism and Civilisation.
Gleeson said universal ethics do
and should inform the adjudication
of positive law – the actual law made
by legislatures, and noted that the
implementation of the law by courts
and judges was subject to an obligation
of legitimacy.
“A stream can’t rise higher than
its source, and the authority of the
judges can’t rise above the constitution,” said
Gleeson, adding that problems of judicial
authority in the regimes of Fiji and Pakistan
highlighted the fact that judges had to decide
whether to continue to sit in the courts and
implement the law.
“Most Australian judges would approach
such issues in relation to universal ethics
… Most judges would say that if they can’t
apply the law according to their conscience,
they would resign,” said Gleeson, explaining
that universal values inform the content and
the practical application of positive judgemade law, as well as statute.
“Respect for human life, for example,
informs the content of the criminal law.
Respect for life and human dignity informs
sentencing laws that are enacted.”
But Gleeson also noted that there are
variations on the practical application of
common values throughout the world.
“In some societies that are very familiar
to us, the law permits capital punishment.
In some societies less familiar to us, the
law permits corporal punishment,” he said,
adding that specific problems of public

US/UK Update

Justice born of universal ethics

US firms in London
join diversity project
The London offices of
several US firms are
joining the social
mobility initiative
launched by 23 major
law firms in the UK earlier this month,
reports Legal Week. White & Case and
Shearman & Sterling are among the
US firms joining the cause as well
Mayer Brown and Baker & McKenzie.
The initiative involves a commitment
to providing a minimum number of
work experience places each year to
under-privileged children in a bid to
improve diversity.
Death penalty
challenged
The death by lethal
injection of a man in
Jackson, Georgia –
despite evidence
casting his 1991
conviction in doubt – provoked an
outburst of protests against the death
penalty, reports The Guardian.
Relatives of Troy Davis and activists
vowed to continue the campaign to
have the death penalty abolished.
Richard Dieter, director of the Death
Penalty Information Centre, said it
was a clear wake-up call to politicians
across the United States.

“A stream can’t rise higher
than its source, and the
authority of the judges can’t
rise above the constitution”
The honoUrAble MUrrAy GleeSon AC

policy, like abortion, therefore have a legal
response in positive law that varies from
place to place.
“I think all societies accept that practical
access to justice is an ideal to pursue and try
to make the civil justice system available to
citizens,” he said.
However, according to Gleeson, cost
structure is the “greatest blot” on the legal
system. In terms of access to justice, he noted
a lack of political support for legal aid in
Australia.
“An effective and fair legal aid system is
so far the best method that has been devised
in dealing with this problem of inequality of
[legal representation] … But widening the
provision of legal aid doesn’t seem to be a
very popular political issue,” he said.

Freshfields pair
bound for boutique
Two associates from
Freshfields Bruckhaus Deringer’s Paris
office have left to
establish their own
financial regulatory boutique, reports
The Lawyer. Jean-Baptiste Poulle and
Nicolas Spitz are so far the only
lawyers at the two-partner firm, Spitz
& Poulle, which launched earlier this
month. The pair worked together for
five years in Freshfields’ French
finance practice and during that time
identified a need for a dedicated
financial regulatory law firm in the
French market.
US firm hires Obama
insider
US firm Wilmer
Cutler Pickering Hale
and Dorr has
appointed a
prominent federal
prosecutor and an Obama administration insider, reports The AM Law Daily.
Boyd Johnson III, deputy U.S. Attorney
for the Southern District of New York,
and Thomas Strickland, a former chief
of staff to Interior Secretary Ken
Salazar, are set to join the firm in New
York and Washington DC, respectively.

L aw y e r S w e e k Ly 3 0 S e p t e m b e r 2 0 11

9

indepth

women take centre stage

The NSW Women Lawyers Association Achievement Awards 2011celebrated the best of the
profession, but the fight for equality continues. Justin Whealing reports

S

nide remarks, institutionalised bias, an old boys club.
Margaret Beazley faced and overcame all of this as a
young woman from south-western Sydney, rising
through the legal profession to become a Queen’s
Counsel, judge of the Federal Court and in 1996, the first
woman appointed to the New South Wales Court of Appeal.
Beazley was the guest speaker at the NSW Women Lawyers
Assocition Achievement Awards 2011 Gala Dinner in Sydney
last Friday night (23 September).
Far from dwelling on her own achievements, Beazley
looked towards the future in a speech to a room full of the
brightest young lawyers in the country, male and female,
and a selection of its established leading lights,
including Greg James QC, Stuart Westgarth and
3
Janet Coombs.
“These days we have just huge numbers. I mean,
look at this room. We used to have just one table,” she
said. “That’s important because it means we don’t have
to prove ourselves as a section of society that once didn’t
have a voice.”
Awards were presented across five categories, with
Elizabeth Evatt, a 60-year veteran of the profession,
taking out the Life Achievement Award.

1

2

4

And the winner is...
5
NSW Women Lawyers Association patron Justice Jane Mathews is
pictured with the following award winners:
1. woman lawyer of the year in private practice
Anna Walsh –director, principal, head of the medical negligence
department NSW, Maurice Blackburn

6

2. woman lawyer of the year in a Community Organisation
Emma Golledge – Principal Solicitor, Kingsford Legal Centre
3. Up and Coming woman lawyer of the year
Claire Hammerton – Acting senior legal officer, NSW Aboriginal
Land Council
4. In House woman lawyer of the year

“The only prize I had ever won before 1951
was a prize for long attendance at my school, for
13 years’ servitude at PLC,” said Evatt in accepting
the award.
“That is 60 years ago now [leaving school],
and in the meantime, I have had one or two
awards, and I am very much hoping that this
award, which has the same sort of long
attendance in it – 60 years’ servitude – reflects
more about some of the things that have been
achieved rather than the longevity of it all.”
The niece of former Australian Labor Party
leader, Herbert “Doc” Evatt, Elizabeth Evatt has
been a well known advocate for human rights
throughout her legal career.
Evatt has held numerous senior positions
throughout her career, including being the deputy
president of the Commonwealth Conciliation and
Arbitration Commission, chief judge of the Family
Court of Australia,
president of the Australian Law Reform
Commission and the chair of the United Nations
Committee on the Elimination of Discrimination
Against Women.
She is currently a commissioner with the
International Commission of Jurists.
While Beazley stressed that the awards

night was an event that is for “celebrating, for
supporting, for rejoicing, the achievements of
a group of top lawyers, all of whom happen to
be women”, she reminded everyone in
attendance that the fight for gender equality
was far from over.
“I still have to ask the perennial question: Why
aren’t there more female partners in law firms?”
she said.

“Why aren’t there more female judges on the
Supreme Court? Why are there masses of [female]
judicial officers at the lower levels of the judiciary,
but not at the highest level?
“There must be something operating there
which is not just the old structural argument of,
‘Oh, we had to wait for them to come through’.
“We are all through, we are all highly
competent, so I think there is an issue.” LW

A woman’s work is better than that
“There was one particular occasion when we were dealing with a contract where Justice Roderick
Meagher was presiding. Justice Ken Handley was on the far right and I was on the far left,” said
Beazley, pausing at this juncture in the story, to great effect.
“The now justice, but then Mr Michael Slattery, was counsel on one side and he was being very
concerned to be very gender aware. It was an absolutely atrocious contract and he was making
these submissions. Justice Meagher was quite a stickler for “good English”, which he would
consider meant not gender neutral language. So Michael was saying, ‘and so the draughtsperson
in clause five’ and Roddy would say, ‘draughtsman’.
“You could see Michael look at Roddy, then he looks at me, like, ‘What am I going to do?’, then
he looks at Ken, and wonders who he will stand up for.
“He would go and say, ‘Yes, Your Honour, you would see, um, in clause, um, 51B, the umm,
draughtsperson, umm, and Roddy would say, ‘draughtsman, draughtsman’, and this went on
for several clauses until I said, ‘Don’t worry Mr Slattery, no female would have drafted a
contract like that’.

l aw y e r s w e e k ly 3 0 s e p t e m b e r 2 0 11

11

indepth

embrace social media
and non-lawyers
Social media and non-lawyers are becoming an increasingly
important part of the legal profession, something that law
firms are still coming to grips with. Justin Whealing reports

p

ete Williams took aim at the legal
profession – and he didn’t miss.
The Deloitte Digital CEO told the
Janders Dean Law Firm Knowledge &
Innovation Conference in Sydney on 22
September that law firms that don’t embrace
social media will become irrelevant.
“If what you are doing in IT or knowledge
management doesn’t have social [media] in it
then stop and start again. It is as simple as
that,” he said.
Williams relayed the story of a seminar he
was conducting at a large financial institution
that had banned employees from using Twitter.
“I am constantly surprised by large
organisations using blanket bans with this
stuff,” he said. “I was with a large bank the
other day. I was doing a thing for their
investment managers, which manages billons
of dollars of funds, but they weren’t allowed to
use Twitter. ‘Okay, so you can manage billions
of dollars, but shit, you can’t have a Twitter
account or watch a YouTube video. That might
be dangerous’.”
Rather than ban Twitter, Williams told the
room full of knowledge managers and law firm
partners that “Twitter is your best friend”.
“Twitter is the greatest way of amplifying
your message,” he said. “Twitter users are

12

l aw y e r s w e e k ly 3 0 s e p t e m b e r 2 0 11

almost the most important users you
have. The networks they have - you
need to tap into.”
Williams believes that law firms
“need to employ people that are
younger and better than them” with
their use of social media, and that
knowledge managers need to be more
active in changing the culture at law firms to
promote its use and benefits.
“Not everything in the world is a massive
risk. Get the guy who is the great guru in an
area of law that you work in and stick an
iPhone in his face and get one minute of
his views.”

law firms are more than lawyers
Law firms are increasingly looking to outsource
work and using non-lawyers to pitch to clients.
Baker & McKenzie Australia managing
partner Chris Freeland, who spoke at the
conference, told Lawyers Weekly that law firms
and their clients are increasingly looking to
outsource “simple” legal work.
“Clients are interested in outsourcing
because of the benefits of timeframes,” he said.
“Internally, at Bakers, we have the Global
Services Manilla (GSM) facility which provides
a shared services function to support the
Bakers offices globally.”
Freeland said the Manilla arm of the Bakers
empire assists Australia with issues including
IT, knowledge management and marketing.
“Where outsourcing makes sense is with
regard to commoditised types of work,” he
said, “including due diligence work and
e-discovery matters pertaining to litigation.”
After Freeland spoke, Nicole Bamforth, the
chief information officer (CIO) at Freehills and
Tom Baldwin, the CIO at American firm Reed
Smith LLP, spoke about the growing
importance of knowledge management
within law firms.

Bamforth nominated fee arrangements
between a law firm and its clients as an area
where the input of support staff was becoming
increasingly important.
“Alternative fee arrangements, and the need
to get crisper and clearer about pricing and
what they mean and what the levers are at a
very simple level,” said Bamforth. “Just using
that information and knowledge to be able to
manage client expectations, these are part of
the common themes that are going on in the
knowledge management space about the
differing roles knowledge managers can play in
an organisation.”
Baldwin agreed with Bamforth about the
increasingly important role of knowledge
managers. He said he was now being used with
lawyers to pitch the wares of his firm to
prospective clients.
“The head of litigation will call me on
Monday to say, ‘Tom, I need you to fly out to
New York with me on Friday to do a pitch’ and
it will be her, the number one rainmaker at the
firm, and the number three rainmaker at the
firm to do the pitch,” he said. “I am not there
to talk about precedents, research and
checklists.
“My shtick is how we are managing price,
and that is where the market is headed.” lW

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the information game
With more and more information being catapulted into cyberspace and fast-improving
technologies, intellectual property law is an increasingly dynamic and busy field.
Stephanie Quine asks IP lawyers how they keep up the pace

T

his April, Sony’s PlayStation network
shut down after a hacker accessed over
100 million users’ account information.
The Australian Privacy Commissioner
investigated the security breach, which affected
1.5 million Australian users, and expressed its
concern that Sony kept credit card details on an
outdated database.
Only weeks before, at least 10 parliamentary
computers, including those of Prime Minister
Julia Gillard and Foreign Minister Kevin Rudd,
were reportedly hacked by Chinese intelligence
agencies.
The consequences of these breaches extend
past the risk of identity theft, fraud and SPAM
into threats to national security and defence
– made clear this month when Australia and the
United States formally wrote cyber attacks into
an international defence treaty.
The ease with which people can obtain and
use devices that store large volumes of
information in the 21st century is
unprecedented.
Head of the forensic technology practice at
boutique advisory firm McGrathNicol Forensic,
Mark Garnett, says this is the challenge facing
intellectual property (IP) lawyers today.
“You can store more on just a tiny memory
stick that you can buy for $10 than you could
probably fit into a skyscraper,” he says.
When Garnett first started in the industry he
saw the theft of electronic IP three or four times
a year. Now, he gets an inquiry once a week.
Part of the problem is that organisations and
companies aren’t adequately prepared.
“Most organisations today have a love affair
with electronic information. They create huge
amounts of data – a lot of it commercially
sensitive – and they just lose control of it,” says
Garnett, who analyses and recovers data for
banking, technology and telecommunication
companies.
Much attention is paid to protecting IP from
external sources, but companies often neglect to
protect it from internal theft, he says.
“They would outnumber 10 to one in terms
of internal to external engagements we deal
with,” he says, adding that people use a whole
range of devices to steal IP to avoid raising
suspicion.

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l aw y e r s w e e k ly 3 0 s e p t e m b e r 2 0 11

“iPods, cameras, anything they can lay their
hands on to make it look like they’re
innocuously showing photos to somebody and
in the background their copying 10,000
documents onto their camera to remove or take
to a competitor.”
On the upside, the small amounts of
knowledge most people possess of such devices,
causes them to make mistakes.
“People think that by deleting files and
formatting this drive that they’re erasing that
activity because they saw it on CSI last week,
but it doesn’t work like that … So that little bit
of knowledge can be dangerous, for them at
least…[but] great for us,” says Garnett.

Valuing intellectual property
The value of intellectual property and its
protection is a hotly debated topic around the
world, especially when creative content and
design are concerned.
In August, Mallesons Stephen Jaques won a
six-year legal battle for Danish home wares
company, BodumGroup, to have its coffee
plunger design protected.
Additionally, Brisbane mid-tier firm Bennett
and Philp is currently fighting the 52nd
trademark case for European maker and
exporter of Irish whisky, Wild Geese.
Director of the firm, Ken Philp, explains that
his client Wild Geese has been pursued by Wild
Turkey for over ten years, through over 50

w w w.law yersweekly.com.au

practiceprofile

“Most organisations today have
a love affair with electronic
information. They create huge
amounts of data – a lot of it
commercially sensitive – and they
just lose control of it”

“There’s a real concern for
inventors at the moment. There’s
talk about getting rid of innovation
patents, which i think would be a
really big retrograde step”

“in some cases it’s a definite advantage
[to have a technical or science degree]
but the flipside is we’re doing the
lawyering and it’s the stitching of that
all together”

ken PhilP, direcTor, BenneTT and PhilP

kaTe hay, senior associaTe, GriffiTh hack

distil very clearly what the issues worth fighting
for are and move much further away from the
‘boil the ocean approach’,” she says.
With cost recovery in litigation so difficult,
such an approach could soften the financial
blow for clients and prevent them incurring
further costs in order to recover costs, as often
happens.
Hay, who previously worked at Freehills, says
that almost everyone she works with at Griffith
Hack has come out of a top-tier firm.
Not only does the specialist firm benefit from
having lawyers with “big firm” experience and
training, it also reaps the rewards of having a
“pure IP” focus, according to Hay.
But it also comes down to the individual
lawyer, how well they present evidence in court
and how well respected they are as an expert,
says Garnett.
“This sort of work has an element of
reputation, and regardless of how good your
firm’s reputation is, if the individual doesn’t
have the CV to back that up it’s not going to get
any traction,” he says.
Garnett’s technical background, including
14 years’ experience as a qualified forensic
technology detective with the Queensland
Police, certainly helps him in his work. And
more and more of today’s IP lawyers can say
the same, having science or engineering
degrees.
But Hay doesn’t have a technical or science
background and nor does Philp.
“It all depends on how closely you work with
your patent attorneys and subject matter
experts. We have patent attorneys with
technical backgrounds and they bring that
expertise into the mix...in some cases it’s a
definite advantage but the flipside is we’re doing
the lawyering and it’s the stitching of that all
together,” says Hay.

a little bit about a lot

Mark GarneTT, head of forensic TechnoloGy,
McGraThnicol forensic

pieces of litigation and trademark proceedings
in countries all around the world.
“IP knows no boundaries,” says Philp, who
also acted on copyright claims for the Jimi
Hendrix family, through referrals from
American and European attorneys.
Kate Hay, a senior associate patent litigator
with Griffith Hack, says that although Australia
is a small market it is a very innovative one,
which values its inventors. “Australia is seen as
a patent-friendly jurisdiction,” she says.
The Raising the Bar bill, designed to
strengthen and improve Australia’s IP system,
was introduced in the Senate in late June.
While IP lawyers are still watching to see
how it unfolds, Hay expects the bill to make it
easier to obtain patent, trade mark,
copyright, design and plant breeder protections.
Philp however, is more wary, believing the
changes will make it more difficult, expensive
and time-consuming for inventors to get their
patent protected.
“There’s a real concern for inventors at the
moment. There’s talk about getting rid of
innovation patents, which I think would be a
really big retrograde step because they are
brilliant things for people who’ve got an
innovation as opposed to a full blown
invention,” he says. “There are lots of things
that don’t qualify for a patent but which are
genuinely innovative and deserve protection.”

Boutique versus top-tier
In terms of competing for work, Philp says
specialist IP firms compete “fairly evenly” with
the top tier, especially due to their cheaper rates.
Hay agrees, but believes that maintaining
affordability for clients calls for efficient IP
advisory and litigation.
“There is an opportunity to be more agile in
our approach to litigation so that you really

For the myriad technicalities there are to
decipher in IP cases, and for all the complications
that arise in multi-jurisdictional cases, this is
what IP lawyers love most about their job.
“Every day is different,” says Garnett. “I like
the fact that we need to keep up with the
technology. It’s always interesting to find out
the new wonderful ways that someone has tried
to steal information,” he says.
“It’s also good to see organisations that turn
the corner and go from somewhere that is very
easy to take information from, to somewhere
that learns from its mistakes and tightens up its
own systems.”
Mary Padbury, the chair of Blake Dawson
and an IP lawyer of thirty years, agrees, and
says the best thing about being an IP lawyer is
that “you can know a little bit about everything
and nothing about anything”.
“You get to dip into all different sectors and
deal a lot with non-lawyers, scientists and
commercial people who are focused on the
market, which I think is fun and quite
broadening,” she says.
“I worked with a lovely Italian inventor for
five years, and with a client in Sweden. I’ve been
to the mid-west US and a lot of places you
wouldn’t otherwise visit, so I think it’s a great
area of practice – possibly a good one for people
who are not natural lawyers.”
Hay, who has worked on everything from
anti-cancer drugs to “the magic of the post-itnote”, agrees.
“You may know all about smoke detection,
CO2 sequestration, a particular medical device
– and it’s exhilarating. It sort of feeds into that
natural curiosity that I think we have,” she says.
“The spectrum is enormous and you look at
those technologies and think, ‘Gosh imagine life
without this’.” lw

l aw y e r s w e e k ly 3 0 s e p t e m b e r 2 0 11

15

opinion

Lawyers need to
channel Branson
He might not look or behave in a lawyerly
like manner, but Richard Branson can teach
lawyers a thing or two about how to build a
client base, write Louise Woodbury and
William de Ora

W

hen you think of Richard
Branson, you think Virgin. Virgin
Atlantic. Virgin Records. Virgin
Cola. But you probably also think
of Sir Richard shimmying down the bed sheets
from a cage suspended high in the air. You
might think of him driving a battle tank into
New York’s Times Square to declare war on
Coca-Cola and Pepsi. You might think of him
(a little reluctantly) doing a “Full Monty,”
dropping his pants to promote the launch of
Virgin Atlantic in Canada.
Branson has made an art of the outrageous.
But behind the publicity stunts are good
business decisions, albeit often risky ones that
usually pay off. He is the head of about 400
companies giving him a net worth of £2.58
billion or $4.2 billion or... does it matter? He’s
incredibly rich.
At first blush, there seems to be nothing in
common between this crazy-ass knight and
you, a staid lawyer. Think again.
Branson describes himself as shy and
reserved, an image at odds with the public
persona we know. Which is exactly the point.
He has to push himself to give speeches, to
shave his beard and squeeze into a wedding

16

L aw y e r s w e e k Ly 3 0 s e p t e m B e r 2 0 11

“If you’re going to
strive to be the very,
very best and at the top
of your profession, you’re
going to have to make
sacrifices”

gown, to jump off a hotel roof. He does it
because he knows the publicity is far better
than any advertisement. Far better than doing
nothing.
The same is true for lawyers. Why? Well,
take a look. You work hard, you take good
cases. And clients are beating down your door
to hire you, right? If not, keep reading.
Think about some of the famous attorneys,
like F. Lee Bailey, Alan Dershowitz, Johnnie
Cochran. How do you even know about them?
Because they took on high-profile cases. But
also because they seek attention. And because
they seek attention, they land high-profile
cases.
It’s true for all lawyers. The more you
promote yourself, the more clients you will
have, the more selective you can be and the
higher fees you can charge. In other words,
publicity equals money. So how can you
unleash your invisible Branson?
Well, you could risk your life by flying
across the Atlantic in a hot air balloon. You
could ride a camel across the desert. You
could hop in a submarine and go to the
farthest depths of the ocean.
I know you’re thinking, I can’t do any of

w w w.law yersweekly.com.au

opimion

Leadership might be
inherent in a person’s
DNA from day one but I
think it also comes about
from learning from your
environment and from
other people”
that. I’m a lawyer, not a stuntman.
So, you could take a somewhat less risky
approach and still get results. Take a page
from Branson’s book by writing one. That’s
right: write. Write a book about what you
know - practising law. By now, you know at
least a little about the topic. The best thing
you can do is to position yourself as an expert.
Talk about the latest developments in your
field. Share your expertise. Do it in the way
that is most comfortable for you. Don’t look at
it as just self-promotion, but as a way to
educate your peers and the general public.
Write your book, then promote it. Give
talks about the subjects in your book and
build networks with others in your field. The
more you do so, the more others will start to
look to you as an authority. Your book, and
your name, will come up in search engines,
and you will have greater exposure for your
practice.
You’re the only one who can do this. And
once you put yourself out there, people will
start to come to you. TV reporters will be
clamouring for interviews on celebrity cases.
OK, that might take a little more work, but
you have to start somewhere.
You could also take some notes from
Branson about the way he runs his 400-plus
businesses.
Branson has made an enemy of convention.
He believes you have to take huge risks to reap
huge rewards. This is why he bought an

ageing railway (British Rail). It is why he took
on British Airways by starting a new, and
perhaps better, airline. It is why he spat in the
face of Coke and Pepsi and came up with his
own cola. It is why he is taking people on
space holidays with Virgin Galactic. At the
outset, his business ventures seem foolish,
even suicidal. But perhaps we all need a little
Branson within us to succeed.
So, think huge like Sir Richard. Step
outside your courtroom. Look up to the
highest building and imagine building a giant
waterslide from the top window to the
ground, on which you will slide down in a
Speedo with your firm’s name on your
backside.
You don’t want to seem ridiculous. After
all, you’re a serious lawyer. Be serious about
your work.
But in promoting what you do, think of shy
Richard splitting his pants as he plays
Spiderman. Think of him as a blushing bride.
Think of him dropping his drawers. All of this
seems outrageous, but you know who he is.
And if you’ve always had a secret yearning
to flash people in public, Full-Monty style, go
for it. You’ll certainly get publicity. And hey, if
you get arrested, at least you know a good
lawyer. LW
Louise Woodbury and William de Ora are the
authors of The Invisible Branson: The Definitive
Guide To Becoming A Business Rock Star.

l aw y e r s w e e k ly 3 0 s e p t e m b e r 2 0 11

17

leadfeature

New Zealand is most associated with the All Blacks,
its beautiful scenery as depicted in Lord of the Rings
and more recently, the response to the the devastating
earthquake in Christchurch. Darise Bennington
reports that its people and its law firms remain
optimistic about the future

18

L AW Y E R S W E E K LY 3 0 S E P T E M B E R 2 0 11

L

ooking back, 2011 will be a year
marked by two momentous
occasions for New Zealand: the
Rugby World Cup 2011
(RWC2011) and the devastatingly tragic
earthquake that struck Christchurch at
12.51pm on 22 February.
As I write, we are in the throes of
RWC2011 fever. Like 200,000 others, I
crammed into Aucklandâ&#x20AC;&#x2122;s waterfront on
opening night to be part of the action, and

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leadfeature

while things got decidedly messy as the
night wore on, it was something I would
not have missed. Watching the Tongans
perform their sipi tau, followed by the All
Blacks haka, on a building towering over a
street teeming with thousands of excited
rugby fans from all over the world, I felt
proud of a country that only months before
had watched with horror as one of its most
beautiful cities crumbled and fell.

The impact of the Canterbury
earthquakes
For New Zealand’s legal profession, the
tragedy that hit Christchurch had an

enormous effect. With most of the
Canterbury legal profession based within
the decimated central business district
(CBD), as well as its courts, the rest of New
Zealand wondered how their businesses
would survive it. Not surprisingly, some of
those based in Christchurch, especially
those who had spent harrowing hours stuck
in buildings waiting to be rescued, also
wondered the same.
But what New Zealand quickly came to
realise was that Canterbury is our most
resilient of provinces. Within days (and in
some cases, hours) of the quake,
Canterbury’s law firms had set up offices

and were ready to provide whatever
assistance they could to their clients. It is
something that has come up time and time
again in the nominations for the 2011 New
Zealand Law Awards, which I also oversee.
Having lost their offices, their
infrastructure, access to their clients’ files,
and sometimes even their homes, the
lawyers of Canterbury, almost without fail,
have put the needs of their clients and their
staff first.
The Canterbury earthquake of 22
February also illustrated the true
collegiality of New Zealand’s legal
profession, with firms all over the country

leadfeature

“They tell you there’s been loosening, but the
only time you know there’s been loosening is if
the deal’s done”
DAVID QUIGG, PARTNER, QUIGG PARTNERS

– large and small – offering assistance to those
whose practices had been badly affected by not
only the quake itself, but by the cordon – a red
zone that has more or less shut businesses out
of their offices for the past seven months.
In August, the Christchurch City Council
released its draft Central City Plan, in which
the Mayor of Christchurch, Bob Parker, said,
“Out of adversity comes an unprecedented
opportunity. We are embarking together on
one of the most exciting projects ever
presented to a community in New Zealand,
perhaps the world”. That opportunity is the
rebuilding of a city from the ground up.
With that opportunity will come even more
opportunity for New Zealand’s legal
profession. Andrew Logan, a partner with
Christchurch firm Mortlock McCormack, a
mid-sized city firm, admitted that initially,
straight after the earthquake, there were great
fears about whether law firms would survive.
However, when I spoke with him recently, he
told me he was excited about the future and
about the opportunities that Christchurch was
now offering. “Christchurch is currently a
demolition site, and eventually it will become
a building site, but it won’t become a building
site until insurance issues have been

Darise dissects: “Of the ‘big firms’, the top three are Russell
McVeagh, Bell Gully, and Chapman Tripp, with Simpson Grierson
hot on the heels of the top tier, and Minter Ellison Rudd Watts
coming in fifth.”

20

L AW Y E R S W E E K LY 3 0 S E P T E M B E R 2 0 11

resolved,” he says. “Everything is linked to
everything else.”
For the first time in a long time, therefore,
law firms are actively seeking property and
commercial lawyers, as they prepare for the
influx of work that will come as Canterbury
deals with issues relating to leasing,
construction, resource management, and most
definitely, insurance. Nor are these
opportunities restricted to those who practice
in New Zealand’s South Island. As one
Auckland law firm partner pointed out,
resources will be absorbed by Christchurch,
which creates a fight for resources in other
parts of the country.
Already, the Christchurch-related insurance
cases, which are expected to dominate the
litigation landscape in the foreseeable future,
are providing work for firms all over New
Zealand – not just those based in Christchurch.

New Zealand’s legal profession
As at 1 September 2011, New Zealand’s legal
profession numbered 11,271 practising
lawyers, the majority of which practise law in
small to mid-sized firms [most with between
one to 24 partners] spread throughout the
country. Only a handful of firms can truly be
described as “national”, with offices in all the
major cities, and, for the most part, these firms
have a partnership of less than 100 partners.
Of the “big firms”, the top three are Russell
McVeagh, Bell Gully, and Chapman Tripp, with
Simpson Grierson hot on the heels of the top
tier, and Minter Ellison Rudd Watts coming
in fifth.
While all firms were affected by the
downturn in the property market that heralded
the recession, the top-tier remained relatively
insulated from the negative impact [a 40 per
cent drop in property transactions led to a
similar drop in revenue for those smaller firms,
whose ‘bread and butter’ work has been
predominantly private client conveyancing].
Chapman Tripp, in particular, has benefitted

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leadfeature

“There’s a lot of capital sitting on the sidelines
waiting to be re-invested”
JACK PORUS, JOINT MANAGING PARTNER, GLAISTER ENNOR

from a decision made in 2003-2004 to
establish a restructuring / insolvency group,
under the leadership of partners Michael
Harper, Michael Arthur, and Michael
Anderson. At the time, it was a bit
countercyclical, says Chapman Tripp corporate
and commercial partner Barry Brown. But that
move certainly paid off, with the firm acting for
a significant number of the receivers of the
major finance companies that collapsed prior
to and during the recession. On the back of
that insolvency work has come a steady stream
of transactional work for the firm.
For the big firms, much of the litigation
work has centered on regulatory matters, with
regulators like the Commerce Commission, the
Financial Markets Authority, and the Serious
Fraud Office all actively pursuing noncompliant corporates. In addition, firms in the
top-tier have been concerned with the
proposed criminalisation of cartel behaviour,
currently being worked on by the Ministry of
Economic Development.

Where’s the money?
One of the biggest impacts on the New Zealand
legal market in the recession and the months
following it has been the perceived lack of
capital. As a result of finance company
collapses that began in 2007, and restrictive
lending practices introduced by banking
institutions during the recession, those seeking
to embark on major construction projects
found themselves unable to do so.
Following the collapse of the finance
company sector, the newly established
Financial Markets Authority (which replaced
the New Zealand Securities Commission in
2011) is currently investigating 16 collapsed
finance companies with the estimated losses to
investors said to be in the vicinity of NZ$3.45
billion ($2.75 billion). In addition to these
losses are the ones caused by the finance
companies that are now being investigated by
the Serious Fraud Office.

In February 2010, a panel of bankers and
economists predicted that the collapse of the
finance company sector would be especially
problematic for small to medium-sized
enterprises. This was generational money that
was now lost to the economy forever, they
stated. It was the money invested by ‘ma and pa’
investors, and which had been the traditional
pot to which troubled family businesses looked
to in order to get by in times of economic strife.
With that pot depleted irreparably, it was
expected that 2010 and 2011 would be marked
by downstream insolvencies in the small to
medium enterprise market.
However, that did not happen; and, in fact,
some within the insolvency industry are now
saying that they do not expect any further
major collapses in the foreseeable future.
Despite the losses brought about by the
finance company collapses, lawyers I have
spoken with from Auckland’s mid-sized firms,
who had previously been through the recession
that followed the 1987 crash, believe the big
difference between the two recessions is that
there is not a lack of cash this time round.
“After the recession in the late 80s, early 90s,
New Zealand was bereft of capital,” says Jack
Porus, the joint managing partner at Glaister
Ennor. “There was just no cash anywhere, and
we saw an influx of Asian investors buying up
properties around Auckland at quite high
yields. It was really difficult to move forward
because of the lack of capital.”
This time, however, Porus believes things
are completely different. There’s a lot of capital
sitting on the sidelines waiting to be reinvested. It’s just waiting for the right
conditions to occur, and then the money will
flow. “Already, I’m aware of clients who are
eyeing up opportunities and just waiting for
the right moment to take that opportunity to
buy another company, buy a struggling
competitor out, or to expand their activities in
some way.”

The M&A market
Although there have been stories abounding
that the M&A markets around the world are
picking up, the evidence appears patchy. For
the firms who have managed to secure the high
profile, bespoke work, life at the end of 2010
and the beginning of 2011 has been anything
but quiet.
David Quigg of Wellington boutique
commercial firm Quigg Partners, reported to
me that he had noticed a huge difference in the
market from that he experienced prior to the
recession. “Private equity is not fighting over
everything,” he says. “If anything, they’ve
reversed sides. They’re the seller. And the
activity is in someway driven by them as to
when they’ll sell or if they can sell.”
Quigg also describes the market as having
changed significantly over the past two to three
years. In particular, he mentioned the lack of
big deals and public M&A deals. Instead of
private equity dominating the scene, it’s a
return to the days of yore when trade
dominated. “They’re trade, they know the
business, so they’re not getting into something
that they don’t know,” he says. It’s also an
uncertain market, with logical acquirers much
harder to predict. Quigg also noted a
significant increase in outbound deals – also
trade-related. “I think that is a sign of
confidence,” he says. But he warned that there
would not be a rush of them, as they require
careful planning and “steady hand

L AW Y E R S W E E K LY 3 0 S E P T E M B E R 2 0 11

21

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leadfeature

implementation, because the implementation
of any of those things is by far the most critical
aspect”.
Another trend in the market this year, noted
by Quigg, is the treatment of business units not
considered to be at a company’s core. If the
seller can’t find a trade purchaser, or can’t do
an IPO, then spinning it off may provide better
value for the seller, says Quigg. Barry Brown, a
partner in Chapman Tripp’s corporate and
commercial team, has also noticed the trend,
with firms reviewing what is and is not their
core business. Brown worked on the Shell deal,
which resulted in the company divesting its
retail operations and downstream operations,
choosing instead to focus on its “core”
upstream business.
In Quigg’s opinion, the market is still quiet.
He believes the real issue is whether private
equity will be able to get the finance to do the
deals they want to do. When I asked him
whether there had been any “loosening” in the
gearing ratios offered by banks, he commented
that the jury was still out. “They tell you there’s
been loosening, but the only time you know
there’s been loosening is if the deal’s done…
They certainly seem to indicate that they are
more amenable, but the proof of the pudding is
in the eating.”
Like Quigg, Cathy Quinn, Minter Ellison
Rudd Watt’s chair and head of the firm’s
private equity and mergers and acquisitions
teams, said that in recent years it had been
much harder to get deals completed. “Nothing
is done until it’s done,” she says. However, she
was seeing an increase in activity – even if the
deals were taking longer. “Terms and
conditions are now more buyer friendly. It’s
taking longer to document, and buyers are
more cautious,” she says.

What of the future?
It has certainly been a year of ups and downs
for the New Zealand legal profession. Just as
the market starts to pick up – albeit slowly
and cautiously – with high-end, bespoke deals
concluding just as the year began, the country
was brought to a standstill by a 6.3
earthquake centered under Christchurch’s

CBD. The effect of the earthquake and the
subsequent aftershocks were devastating.
Since then, Christchurch has continued to
rumble, with the number of recorded
earthquakes and aftershocks now totalling
over 8,600 (since 4 September 2010); and
182 people have died as buildings in which
they worked or were having lunch in failed
and collapsed on top of them. In recent
months, over 1,000 CBD offices have been
scheduled for demolition – many of which still
hold within their crumbling walls law firm
files that cannot be accessed.
Despite the tragedy of 22 February, and
another 6.3 earthquake that hit the city on 13
June, the lawyers of Christchurch have shown
amazing tenacity in getting their firms back
up and running, so that they could provide
full legal services to the people of
Christchurch – and around New Zealand. It is
expected that the demolition and rebuilding
of Canterbury will attract work in the
previously sluggish property and commercial
markets. However, just as the return of M&A
work has been slow and cautious, so is the
rebuilding of Canterbury. With insurers
debating with the Earthquake Commission
and insurers over who should fund the
repairs, and whether cover accepted for the
very first earthquake on 4 September 2010
will be continuing for the subsequent
earthquake events on 22 February and 13
June, any real growth in these markets will be
slow and long-term.
But firms are cautiously optimistic. They have
determined that the outlook is positive – even if
slow – and it is with that in mind that they are
now planning for the future. And at the moment,
wherever you look, firms are embracing the spirit
of the RWC2011, using it as a reason to bring
together staff and clients to enjoy the
celebrations as 20 different nations exhibit their
sporting excellence in New Zealand. Whether
this will have a long-term effect on the work that
comes the way of the legal profession remains to
be seen. However, those who are coming to the
country to party are seeing a country energised
by the challenges of 2011, and looking forward
to the future. LW

L AW Y E R S W E E K LY 3 0 S E P T E M B E R 2 0 11

23

career

counsel

Weighing up multiple offers
When a lawyer receives multiple job offers
they should be honest with their potential
employers, according to Hays Recruitment.
Despite an increasing unemployment
rate in australia – 5.3 per cent in august
– recruiters are seeing an increase in the
number of candidates receiving multiple
job offers.
and according to Hays director nick
Deligiannis, the number one thing a
candidate should avoid is accepting and
then retracting an offer if a better one
comes along.
“Retracting your acceptance will
ultimately damage your reputation with
the company and everyone involved
in the recruitment process,” said Hays
director nick Deligiannis.
“When you accept an offer it sets
in motion a chain of events. the other
applicants are notified and the job
posting is removed. When you retract at
this stage, you cost the company as they
have potentially lost other candidates
they were considering to another role.”
according to Deligiannis, candidates
with more than one job offer need to be

upfront.
“Most employers and recruitment
agencies will ask you if you are
interviewing with other companies,”
he said. “Feel comfortable to explain
that you are taking your search very
seriously, it is not often that you look for
a new role and you want to make sure
you explore all of the options available
to you.”
With more than one offer on the
table, Deligiannis believes that in most
cases it is okay to ask for two working
days to consider.
“Most companies will accept this
and it allows you time to make a fully
informed decision,” he said. “this is also
why many companies are now speeding
up their interview processes to secure
their preferred candidate before a
competitor makes an offer too.”
When presented with a number of
job offers, Deligiannis says lawyers need
to firstly ask for time to consider each

offer. secondly, lawyers should look at their longterm objectives. “is this a company you want to
be working for in five years’ time? Does it provide
you with opportunities to advance your career?”
Deligiannis then advises candidates to
consider salaries. “a higher paying salary is
always an attractive incentive but it should
not be your main motive for choosing one job
over the other,” he said. “the lower paying
role could offer greater challenges or career
advancement potential.”

next move

the home office

my

35 %

Samantha Cowling, director, Marsden Group, Sydney

31 %

of US employees
who work from
home do eight
or more hours of
work a day
of US telecommuters
said their biggest
distraction when
working from home
is household chores,
while pets came in as
the second biggest
distraction (23%)

Source: Career Builder survey, 15 September 2011

24

l aW y e r s W e e k ly 3 0 s e p t m b e r 2 0 11

Q
A

I have been advised that an
interstate move can advance my
career. How does this work?

Promotion prospects
An interstate move can provide
you with genuine career prospects
that you may not have at your current firm.
The growth in the energy and resources
sector in Perth and Brisbane has resulted
in a surge of recruitment for lawyers within
these cities in areas including corporate,
finance, energy, construction and
employment. Top-tier, mid-tier and
boutique law firms with existing offices in
Perth and Brisbane are expanding their
teams to ensure they have talented lawyers
to lead this growth. Additionally, international and national firms, previously
without offices in Perth and Brisbane, are
opening offices in these cities.
These firms are interested in lawyers

from Sydney and Melbourne who want to
step up to a more senior role. For lawyers
who are facing a top heavy practice at their
current firm, or who are not getting the
career progression they want, a strategic
move to Perth or Brisbane is a good way of
securing this step up.
Stepping up to a top-tier firm
Making a move interstate can be a great
way to move from a smaller or mid-tier
firm into one of Australia’s top-tier or
national firms. Leading firms in Sydney and
Melbourne are always keen to see lawyers
from Brisbane and Perth particularly in the
finance, corporate, construction and energy
sectors. The experience gained at a
top-tier firm can lead to career opportunities within the firm itself and can also
assist with in-house opportunities and
roles overseas where only lawyers from
top-tier firms will be considered.

w w w.law yersweekly.com.au

folk

R e a d t h e l at e s t
Folklaw online

law

will the partners
visit me in jail?

in a depressing attempt to impress his fellow partners,
a United states lawyer will spend the next six years of
his life in jail.
as reported by Rollonfriday, a former partner at Us
firm Greenberg traurig has been found guilty of
overcharging a client by $100,000.
lawyer Mark McCombs was providing tax and
financial advice to the local authorities in the Chicago
suburb Calumet Park – also McCombs’ hometown

www.lawyersweekly.com.au/folklaw

lawyer steals
from hometown to
impress partners
– and reportedly charged Calumet Park for a large
amount of unperformed legal work. When the fraud was
uncovered by local officials, it is alleged that McCombs
also offered to pay $100,000 of his own money to make
sure the investigation was dropped.
McCombs was immediately fired by Greenberg,
which has now paid back $3.2 million of legal fees. the
firm said in a statement: “We pledged full cooperation
with the investigation and we pledged full restitution of
any fees that were not properly billed.”
While Folklaw realises the lawyer’s overbilling was
undoubtedly wrong, the saddest part of the story seems
to be the fact that McCombs did not overcharge the
client for personal financial benefit, but rather to
impress his partners.
according to Rollonfriday, the partner funnelled the
money back to his firm, hoping it would improve his
standing amongst his fellow partners. While he will
certainly be talked about around the water cooler,
Folklaw is pretty sure it won’t be in a good way.
last week McCombs started his six-year sentence
after pleading guilty to a single count of thieving
$100,000 of government money.

Prosecutor dominates at night
a PRoseCUtoR in new York’s
attorney-General’s office has
been suspended without pay
“pending an internal investigation”
into her moonlighting activities.
as the New York Post reports,
while the state attorneyGeneral’s office
would not release
details of the
investigation into
36-year-old alisha
smith, it’s most-likely her
night-time performances as a
dominatrix will be the focus.
Quoting a “fetish source”
(Folklaw is not sure what that
entails), The Post explains how the
prosecutor heats things up
after-hours, performing at s&M
events for pay as “alisha spark”.
the source told The Post:
“they pay her to go to the
events. she dominates people,
restrains them and whips
a new york
them.”
prosecutor relaxes
Working in the area of
out of the office
securities fraud by day,
smith was suspended

26

l aw y e r s w e e k ly 3 0 s e p t e m b e r 2 0 11

from her $78,825-a-year job on 16 september, after
The Post inquired about her s&M lifestyle.
“the employee has been suspended without pay,
effective immediately, pending an internal investigation,”
said a spokesperson for the state attorney-General, eric
schneiderman.
smith declined to speak to The Post and her attorney
would not comment.
sources of The Post said smith’s punishment is not
necessarily about her s&M lifestyle but the fact that she
may profit from it.
“it is common in the s&M community for dominatrixes
to receive payment for appearances at fetish parties,
where they unleash tawdry torments on eager
submissives,” The Post explained.
“sources cited a standing executive order in the
attorney General’s office that requires employees to
‘obtain prior approval from the [employment Conduct
Committee] before engaging in any outside pursuit ...
from which more than $1000 will be received or is
anticipated to be received’.”
in light of this rule, some may suggest that smith
volunteer her services to escape the wrath of the aG’s
office. however, Folklaw is not so sure her activities will
be excused by the profession - profit or not.
having said that, Folklaw appreciates that given
smith’s relatively small salary (for a lawyer), and the cost
of living in the “Big apple”, perhaps she was forced into
her s&M lifestyle just to get by.

Caption

Mallesons lawyer
rewarded for
friday night
drinking
a ViCtoRian lawyer has been
awarded for his proficiency in
celebrating the end of the
working week, providing a
valuable guide to his thirsty
colleagues on how to
appropriately navigate the
challenges thrown up on a typical
Friday night.
With his speech;“Friday night
drinks: the lawyer’s guide to
scoring a touchdown”, which
provided a comical “what-not-todo” list at Friday night drinks,
Mallesons stephen Jaques lawyer
nick Russell beat seven other
finalists across the country to win
the 2011 national Golden Gavel
award on 16 september.
With only 24 hours to prepare
his speech, Russell, although
“petrified”, was able to call upon
his Friday night expertise gained
during his fledgling legal career
at Mallesons to come up with the
winning material.
Unfortunately, Folklaw was
unable to attend the Golden Gavel
competition this year, but is
hoping, for the sake of the
profession, that the judge and
recently qualified barrister, Mark
holden, from australian idol
fame, was able to contain his
apparently persistent need to do
enact a “touch down”. hopefully
fellow judges, Justice Betty King
of the supreme Court of Victoria
and Matthew Keogh from the
australian Young lawyers
Committee, were able to save the
audience from holden.
While not suggesting lawyers
need help in the Friday night
drinks department, Folklaw is
also interested to see if the
impact of Russell’s advice is felt
by the likes of Ryan’s Bar or
hemmesphere, which have, up
until now, relied upon Fridaynight tomfoolery to keep them
afloat.
w w w.law yersweekly.com.au

Itâ&#x20AC;&#x2122;s time
for a change.
LONDON (Ref: UK1292)

HONG KONG (Ref: AS0287)

BEijiNG & SiNGApORE

Transactional Finance Associate

Derivatives & Structured Finance
Associate

Banking Associates

We are looking for mid level to senior
experienced transactional lawyers who are keen
to expand and complement existing skills and
experience for our finance practice. We
welcome applications from those currently
based within Corporate, General Finance,
Structured/Project Finance or Real Estate
practices. Previous finance experience although
desirable is not a prerequisite.

The International Capital Markets group in Hong
Kong is seeking a mid-senior level associate to
join the Derivatives and Structured Finance
practice. Mandarin or Korean language skills are
advantageous but not essential.

SYDNEY (Ref: AS0332)

Senior Associate
AMSTERDAM (Ref: WE0529)

Junior ICM Derivatives Associate
We are looking for English law qualified lawyers
for our ICM Derivatives group. Speciality:
derivatives, structured finance or a general
finance background with an interest in
developing knowledge in the area of derivatives
and structured finance. At least 2 years PQE.
The ICM derivatives team has a growing client
portfolio and undertakes a broad range of work
within the market.

HONG KONG (Ref: AS0226)

General Securities Associate
The International Capital Markets group in Hong
Kong is seeking a mid-level associate with up to
5 years post qualification experience to join the
International Capital Markets practice. The ideal
candidate should have general securities
experience including exposure in areas of debt
capital markets and equity capital markets and
drafting disclosures.

We are continuing to see major opportunities for
high-end finance work in the private and public
sectors. Our practice is growing and we are
looking for a top-tier, experienced Senior
Associate to join the International Capital
Markets/Securitisation team.

BEijiNG & SiNGApORE

Corporate Associates
We seek mid- to senior-level associates who are
fluent Mandarin and English speakers with
qualifications from top universities, excellent
academics, and experience at top tier firms.
Previous experience with China-related matters
is a must; added experience with M&A
(outbound / inbound), private equity, real estate
and RMB fund work a plus. We have three
vacant roles: one M&A lawyer (BJ) and two
M&A/PE lawyers (SH). Send cover letter and
CV to:
prc_recruitment@allenovery.com

We seek mid-level associates with common law
backgrounds who are fluent in Mandarin and
English. Candidates must have qualifications
from top universities, excellent academics, and
experience at top tier firms. Work on Chinarelated matters is a must. We have three vacant
roles: one PF/finance lawyer (BJ) and two
mainstream banking lawyers (BJ and SH). Send
cover letter and CV to:
prc_recruitment@allenovery.com

SiNGApORE

Intelltual Property
Associate
We seek a mid-level associate with a scientific
background and at least three years of core
PRC IP experience in top tier firms. Fluency in
Mandarin and English are a must. Candidates
must also have qualifications from top
universities and excellent academics. In
addition, interested applicants must have
passed the Chinese bar and Chinese patent bar.
Send cover letter and CV to:
prc_recruitment@allenovery.com

For more information please visit www.allenovery.com/careers
and search for the relevant reference number
ÂŠ Allen & Overy LLP 2011

www.allenovery.com

Karlie Connellan
International
Sydney

taylorroot.com.au

Expect the market leader
to know the market
No-one knows the legal job market better than Taylor Root. After all, we’ve been leading
the way in specialist legal recruitment for more than 20 years. And with offices in
Europe, the Middle East, South East Asia and Australia, we can advise on the widest range
of opportunities across global firms, niche practices and in-house. So whether you’re
recruiting legal talent or looking for your next career move, talk to the experts. Contact
Matt Harris at our Sydney office on +61 (0)2 9236 9000 or Tim Fogarty at our Melbourne
office on +61 (0)3 8610 8400. Alternatively visit taylorroot.com.au

Lawyers Weekly, September 30, 2011

Australia's leading publication for the legal profession. This issue: We showcase of the rising influence of knowledge managers and legal support staff within private practice, chat to the CEO of Deloitte Digital who says law firms that don't embrace social media will become irrelevant, and hear about firm resilience in New Zealand after the devastating earthquake in Christchurch. We ask intellectual property lawyers how they handle a dynamic and busy field, and find out what Richard Branson can teach lawyers about building a client base.